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Wildlife Act 1953

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Wildlife Act 1953 Reprint as at 26 March 2015 Wildlife Act 1953 Public Act 1953 No 31 Date of assent 31 October 1953 Commencement see section 1(2) Contents Page Title 6 1 Short Title and commencement 6 2 Interpretation 6 2A Meaning of possession 15 2B Application of certain provisions restricted 16 Part 1 Protection of wildlife 3 Wildlife to be protected 16 4 Certain wildlife declared to be game 17 5 Certain wildlife partially protected 17 6 Certain wildlife may be hunted subject to conditions 17 imposed by the Minister 7 Certain wildlife not protected 18 7A Noxious animals 19 7B Terrestrial and freshwater invertebrates 19 7BA Marine species 20 7C Farming certain unprotected animals 20 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Department of Conservation. 1 Reprinted as at Wildlife Act 1953 26 March 2015 8 Alteration of schedules 20 Wildlife sanctuaries 9 Wildlife sanctuaries 21 10 All wildlife in sanctuaries absolutely protected 26 11 Destruction or seizure of certain animals found in 27 sanctuaries 12 Mining privileges, coal mining rights, and public 28 works [Repealed] 13 Seizure of wildlife, etc, illegally taken 28 Wildlife refuges 14 Wildlife refuges 28 Wildlife management reserves 14A Wildlife management reserves 32 14AA Granting of concessions in wildlife sanctuaries, wildlife 34 refuges, and wildlife management reserves Management planning 14B Wildlife areas to be managed by Department 35 14C General policy 36 14D Conservation management strategies 36 14E Conservation management plans 36 14F Population management plans 37 14G Determining maximum allowable level of fishing-related 38 mortality 14H Determining area-based maximum levels of fishing-related 39 mortality 14I Procedure for preparation and approval of population 39 management plans Part 2 Game 15 Open season for game 42 16 Notification as to conditions on which open season 42 declared 17 Hunting or killing in game areas 44 18 Restrictions on the taking of game 46 19 Licence to hunt or kill game 49 19A Game bird habitat stamp 51 20 Limitation of licence [Repealed] 51 21 Holder of licence not to enter on land without consent 52 22 Shooting of game not in flight prohibited 52 2 Reprinted as at 26 March 2015 Wildlife Act 1953 23 Sale of game and sale of shooting rights prohibited 53 Part 3 Administration Acclimatisation districts and societies [Repealed] 24 Acclimatisation districts [Repealed] 54 25 Acclimatisation societies [Repealed] 55 26 Societies to be bodies corporate [Repealed] 55 27 Appointment to councils of societies of representatives of 55 farming interests, etc [Repealed] 28 Disqualification of officers of societies [Repealed] 55 29 Rules of acclimatisation societies [Repealed] 55 30 Functions of societies [Repealed] 55 31 Appointment of officers and servants [Repealed] 55 32 Societies may undertake research [Repealed] 55 33 Expenditure by societies [Repealed] 56 34 Annual reports and balance sheets of societies to be 56 forwarded to Minister [Repealed] 35 Failure of society to act [Repealed] 56 36 Dissolution of societies [Repealed] 56 Wildlife districts 37 Wildlife districts 56 Rangers 38 Rangers 57 38A Fish and game rangers to be rangers under this Act 59 39 Powers of rangers 59 40 Obstructing rangers 61 Powers of Minister 41 Minister’s general powers 62 42 Fencing of land 64 43 Tenancies 64 44 Delegation of Minister’s powers 65 Powers of Director-General 44A Delegation of powers by Director-General 66 New Zealand Game Bird Habitat Trust Board 44B New Zealand Game Bird Habitat Trust Board established 67 44C Board to be body corporate 67 44D Functions of Board 68 3 Reprinted as at Wildlife Act 1953 26 March 2015 44E Powers of Board 69 44F Membership of Board 70 44G Term of office of members of Board 70 44H Servicing 71 44I Funds to be held on trust 71 44J Crown entity 72 44K Annual report 72 44L Members not personally liable 72 Part 4 Injurious birds [Repealed] 45 Interpretation [Repealed] 73 46 Local authority may apply or raise funds for destruction 73 of injurious birds [Repealed] 47 Local authorities to submit plans for destruction for 73 approval of Director-General [Repealed] 48 Appointment of Inspectors, and bylaws [Repealed] 73 49 Provisions to secure concerted action [Repealed] 73 50 Minister may appoint Inspectors to carry out this Part if 74 local authority fails to do so [Repealed] 51 Obstructing Inspector [Repealed] 74 52 Expenses of carrying out this Part [Repealed] 74 Part 5 General provisions 53 Director-General may authorise taking or killing of 74 wildlife for certain purposes 54 Director-General may authorise hunting or killing of 76 wildlife causing damage 55 Keeping of specimens in museums 77 56 Restrictions on liberation or export of animals, birds, etc 79 56A Application of Customs and Excise Act 1996 80 57 Ownership of animals 81 58 Homing pigeons 81 59 Entry on land for purposes of Act 82 60 Protection of rangers and others 84 61 Person in pursuit of wildlife to comply with demand by 84 authorised officer Offences and penalties 62 Offences in relation to transport of wildlife 86 63 Taking protected wildlife or game, etc 87 63A Taking of absolutely or partially protected marine wildlife 87 4 Reprinted as at 26 March 2015 Wildlife Act 1953 63B Reporting of accidental or incidental death or injury 88 64 Offences in relation to wildlife sanctuaries 89 65 Other offences 89 65A Liability of directors and managers 92 66 Offenders to give name and address to rangers, etc 92 67 Penalties for offences in respect of marine wildlife 93 67A Penalties for offences in respect of absolutely protected 94 wildlife 67B Penalty for offence of liberating wildlife 95 67C Penalties for offences in respect of partially protected 95 wildlife 67D Penalty for offence of obstructing ranger 96 67E Penalties for offences in respect of game 96 67F Penalties for other offences 98 67G Sentence of community work 101 67H Offenders also liable for loss or damage 101 67I Penalties for offences committed for commercial gain or 102 reward 68 Conduct of proceedings and recovery of fines 102 68A Proceedings in respect of offences 103 68AB Mens rea and strict liability offences 103 68B Defences to offences in respect of marine wildlife 104 69 Evidence of boundaries, etc 105 70 Forfeitures 106 Miscellaneous 71 Saving of other Acts 108 71A Control of dogs 109 72 Regulations 109 73 Repeals, savings, and consequential amendments 115 Schedule 1 116 Wildlife declared to be game Schedule 2 117 Partially protected wildlife Schedule 3 118 Wildlife that may be hunted or killed subject to Minister’s notification Schedule 4 120 Wildlife not protected, except in areas and during periods specified in Minister’s notification 5 Reprinted as at Wildlife Act 1953 26 March 2015 Schedule 5 121 Wildlife not protected Schedule 6 126 Animals declared to be noxious animals subject to the Noxious Animals Act 1956 Schedule 7 127 Terrestrial and freshwater invertebrates declared to be animals Schedule 7A 131 Marine species declared to be animals Schedule 8 132 Wildlife not protected but may be kept, bred, or farmed in captivity pursuant to regulations made under principal Act or by Minister’s direction Schedule 9 133 Acts not affected by this Act Schedule 10 135 Enactments repealed An Act to consolidate and amend the law relating to the protection and control of wild animals and birds, the regulation of game shooting seasons, and the constitution and powers of acclimatisation societies 1 Short Title and commencement (1) This Act may be cited as the Wildlife Act 1953. (2) This Act shall come into force on 1 April 1954. 2 Interpretation (1) In this Act, unless the context otherwise requires,— activity includes a trade, business, or occupation animal means any mammal (not being a domestic animal or a rabbit or a hare or a seal or other marine mammal), any bird (not being a domestic bird), any reptile, or any amphibian; and includes any terrestrial or freshwater invertebrate declared to be an animal under section 7B and any marine species declared 6 Reprinted as at 26 March 2015 Wildlife Act 1953 s 2 to be an animal under section 7BA; and also includes the dead body or any part of the dead body of any animal aquatic life means any species of plant or animal life which, at any time in the life history of the species, must inhabit water; and includes seabirds (whether or not in an aquatic environ- ment) associated products means products made in association with game bird habitat stamps as part of the game bird habitat stamp programme bird means any bird, whether native, introduced, or imported, or that has migrated to New Zealand or has arrived in New Zealand and become established there; but does not include any domestic bird buy includes barter, exchange for consideration, offer to buy, or attempt to buy close season, with respect to any game, means any period dur- ing which the hunting or killing of that game is not expressly permitted, either generally or in any specified district or place closed game area means a part of a district that is for the time being excluded from the operation of an open season in the district; but does not include a wildlife sanctuary or a wildlife refuge or any area in which the shooting or hunting or killing of animals is prohibited under or pursuant to paragraph (j) of subsection (2) of section 9 of this Act or any other Act concession or concession document— (a) means— (i) a lease; or (ii)
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